DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVPJ.. RECORDS 701 $. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6913-15 
HAY 2 O 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
Although .your application was not filed in a timely manner, the Board found i t in the interest of justice t o waive the statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2016. Your allegations of error and i njustice were reviewed in accordance with administrat ive regulations and procedures applicable t o the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your r ecord shows that you entered active duty with the Navy on 9 June 1970 . On 23 June 1970, you reported to sick call complaining of nausea and dizziness for approximate l y six days. After receiving treatment, you continued to report severe stomach pain and also reported a stomach condition existing prior to your enlistment in the Navy. Your enlistment physical also notes stomach pain. On 14 July 1970, a medical board determined you did not meet the physical standards for enlist ment and were erroneously enlisted into the Navy. You acknowledged.the findings of the Board in 1970 and were discharged on 17 Jul y 1970. 
The Board carefully considered your arguments that you deserve a disability discharge since you were physically cleared to enter the Navy. Unfortunately, the Board did not agree with your rationale for relief. The Board concluded that.you were properly discharged for an erroneous enlistment since you would not have been enlisted into the Navy had medical personnel been aware of the extent of your physical ly disqualifying stomach condition. The record supports a finding of a pre-existing condit i on since you informed medical personnel of a pre­service stomach problem and. you noted it on .your entrance physical. 

The Board was not persuaded that your condition was aggravated or incurred by your service i_n the Navy since your length of service was so brief. Accordingly, the Board was un~ble to find ·an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case . In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
Sincerely, 

Executive Director 
2